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AT&T’s California Gold Rush: Company Lobbyists Spread the Money Far and Wide

Phillip Dampier April 24, 2012 AT&T, Consumer News, Public Policy & Gov't 1 Comment

AT&T's bill padding.

No other single corporation has spent more trying to influence legislators in the state of California than AT&T.

That conclusion was reached as part of a report by the Los Angeles Times documenting AT&T’s millions in political donations and an army of lobbyists that effectively kill just about every measure the company opposes.

Some of the biggest checks change hands at the two-day Speaker’s Cup, the Godzilla fundraising event for California state Democrats.

During last year’s outing, those who attended were handed goody bags worthy of a Hollywood event.  Free products included a brand new iPad that came with a thank you note co-signed by Assembly Speaker John A. Perez (D-Los Angeles) and AT&T’s top lobbyist — its chief of government relations.

This year’s event, to be held May 5-6, is priced at an average of $12,000 per ticket, but many legislators get free passes for a weekend that includes unlimited golf, wine, gourmet food, body wraps and hot-stone massages.

Come for the golf, but stay for the lobbyist-legislator hobnobbing.

At past events, AT&T’s state president bounded across the green shaking hands with every legislator he could find, and those he couldn’t just had to wait by the mailbox.  Every California legislator is the recipient of at least $1,000 in the form of a campaign contribution.  More important state lawmakers earn much more from the phone company, often tens of thousands of dollars.

But AT&T’s “concierge service” for lawmakers doesn’t stop with golf outings and campaign checks.

AT&T spends more than $14,000 a day on political advocacy in California, and when a lawmaker can’t get tickets to a premiere event, concert, or playoff game, one phone call to an AT&T lobbyist is usually all it takes to remedy the situation.  Hundreds of free tickets were dispensed, according to the Times, for everything from basketball playoffs to Disney on Ice.

Lawmakers deny AT&T’s iPads, cash, and tickets have any influence over their decisionmaking, a view scoffed at by watchdog group Common Cause.

“What these things do is create a sense of gratitude and indebtedness,” Derek Cressman, western states director for Common Cause said. “It’s basic human nature: If someone does something nice for you, you want to do something nice for them.”

The number of favors returned by lawmakers for AT&T’s benefit:

  • Bill to force phone companies to be more transparent about cellphone fees: died in legislature;
  • Bill to end monthly charges for unlisted numbers: died in legislature, and AT&T and since raised the rates on the service;
  • State controls on landline pricing: eliminated
  • A bill to help consumers stop unwanted delivery of the Yellow Pages: defeated
  • A measure to deregulate cable TV franchising and move it to the state level for the benefit of AT&T U-verse: passed

“Every day I look at a case and I think, well, if they [AT&T] don’t care, we have a good chance,” Denise Mann from the Division of Ratepayer Advocates told the newspaper. But if AT&T’s corporate offices do care, she added, “all we can do is appeal to conscience, reason and the public interest.”

Wolk

That often isn’t enough.  Sen. Lois Wolk (D-Davis) learned that first-hand when she attempted to introduce a measure to curb phone cramming — placing unauthorized charges on consumer phone bills.  The negotiated measure was well on the way to passage in the state legislature until AT&T’s chief operative showed up.

Wolk was amazed to find AT&T’s Bill Devine taking a front row seat in the committee room reserved for legislators and staff to listen to her revised bill.  When she finished, Devine headed for the microphone and delivered his own version of how the bill should be written.

Wolk was out of her league.  A common-sense measure that had received early support from legislators suddenly was in deep trouble as fellow legislators quickly fell in behind Devine’s reinterpretation of the bill.  The bill was put on hold and died a quiet death one week later.

Nobody spends more than AT&T on influencing public officials in the state government.  In the past 13 years, the phone company has spent more than $47 million on lobbying, more than twice the second biggest corporate spender — Edison International — has spent in the state.  That doesn’t include the $1 million+ in political campaign contributions doled out each year.

AT&T takes care of the political advocates who take care of them, as well.

The Times reports that ex-lawmakers, regulators, and staff members of the legislature have all found work in lobbying and public relations firms that include AT&T as a client.

Even non-profit groups who advocate AT&T’s positions on telecommunications issues stand to win.  The company cuts checks to groups like United Way and the Boys and Girls Club who in turn write letters to legislators requesting they support AT&T’s agenda.

Time Warner Cable’s War on North Carolina’s MI-Connection; Price-Slashing, Overbuilding

Phillip Dampier April 23, 2012 Community Networks, Competition, Consumer News, Editorial & Site News, MI-Connection, Public Policy & Gov't Comments Off on Time Warner Cable’s War on North Carolina’s MI-Connection; Price-Slashing, Overbuilding

At a time when cable operators are more reluctant than ever to overbuild into another operator’s territory, something very strange is going on in central North Carolina.

Time Warner Cable is moving into the neighborhood — one already receiving service from a community-owned cable operator.  That would be like Time Warner moving into one of Comcast’s service areas.  For some reason, those large cable companies completely avoid competing head-to-head, but where community-owned provider MI-Connection has managed to sign up around 15,000 customers for service, Time Warner Cable has also arrived.

As a result, customers north of Charlotte, in communities around Davidson and Mooresville, are getting some amazing prices for cable television, phone, and broadband.  Time Warner will even deliver an offer right to your front door.

Susan Wagner in Mooresville got her deal when she threatened to cancel Time Warner Cable and return to MI-Connection.

“(Time Warner) gave everyone a really good offer when they first came in and then drove up the price after a while,” Wagner told the Charlotte Observer.

When Wagner called to cancel, Time Warner sent an employee to her door offering to slash her cable bill by $50 a month, enough to keep her business.

Other residents in nearby Cornelius are also getting prices substantially lower than residents in cities like Charlotte, where many residents have one choice for cable: Time Warner.  Sam, a Stop the Cap! reader in the Morrison Plantation neighborhood, noted they skipped the last few rate increases from the cable company.

“You just call and tell them the rate is too high and as soon as they find out you have MI-Connection as an alternative, they lower the price,” he said. “My niece in Charlotte can’t get the same deal even when we gave her the details — it’s only good in areas where MI-Connection operates.”

That leaves Charlotte residents paying $35-50 more a month than savvy customers further north can have for the asking.

“It sounds like predatory pricing to me when the company offers a special low price that people like my niece are probably subsidizing on their higher bill,” Sam suspects.

The Observer reports Time Warner is also laying cable in other neighborhoods, such as Heritage Green, where the cable company is soliciting business from MI-Connection subscribers door-to-door.

MI-Connection’s CEO, David Auger, formerly from Time Warner Cable himself, claims he’s unconcerned about Time Warner’s aggressive overbuild of his service area.

But the state’s largest commercial cable company has been signing up some of MI-Connection’s current customer base and successfully holding its existing customers in place with significant discounts on service.  Since last July, MI-Connection signed up 667 new customers, but also lost 577 others, most likely to Time Warner Cable.

MI-Connection was launched from the ashes of a bankrupt Adelphia Cable system acquired by the communities of Mooresville and Davidson.  After investing in a needed system upgrade, the community owned provider relaunched service nearly identical technically to other cable systems.  Unlike Wilson and Salisbury, where new fiber-to-the-home systems were built, MI-Connection offers a more traditional cable package.

That makes competition with Time Warner Cable more difficult, but the community provider is trying.  Time Warner Cable’s regular pricing in the area runs $68.49 a month for 85 basic channels.  MI-Connection sells 86 channels for $61.99.  But when customers call Time Warner to complain about their higher prices, the cable operator dramatically lowers them to keep the customer’s business.

“The regular price only matters until you call and complain about it,” says Sam.

There have been complaints, but many of them are less about the cable bill and more about politics.  MI-Connection has not come cheap either town, which had to cover some of the costs of a needed system upgrade and service installation, estimated to run about $1,000 for every new customer signed.

Last fall, mayoral challenger Vince Winegardner made local government involvement in broadband a political issue, saying the purchase of the cable system was a mistake.  He lost his bid, but the system’s money needs remain a frequent topic of discussion in all of the communities involved in MI-Connection, and earlier this year the company company asked for $1.1 million from Davidson and Mooresville to ride out the rest of the fiscal year.

Time Warner’s recent interest in invading a fellow cable operator’s service area and slashing prices for those customers has raised the question whether their overbuild is about competition or predatory pricing to drive MI-Connection out of business.

Wagner doesn’t seem to mind either way, telling the Observer it is a “win-win” for her, scoring a lower cable bill with Time Warner.

But Sam isn’t so sure the savings will last.

“It seems pretty clear to me that Time Warner isn’t hurrying to compete with Comcast or Charter — just MI-Connection and that makes me suspicious,” Sam says. “After spending all that money to ban community broadband in the state, they now seem to be trying to drive out of business the handful of companies that were exempted.”

“My niece is probably paying for this right now on her cable bill too, and once MI-Connection is out of the way, those prices will shoot right back up,” Sam concludes.

Frontier’s Wilderotter Claims W.V. Among Top-5 Broadband States; Facts Say Otherwise

Maggie Wilderotter's "High Speed" Fantasies

Frontier Communications CEO Maggie Wilderotter wrote this week the company’s network improvements and expanded broadband has moved West Virginia from the bottom five states in the country to the top five.

In an Op-Ed editorial published in the Charleston Gazette Tuesday, Wilderotter likened Frontier’s broadband improvement to the 1960s moon program.  Customers in West Virginia living with Frontier broadband can relate — to the 1960s anyway.

Where did Wilderotter get her information?  Perhaps from Frontier’s own Dan Waldo, who made the same claim last summer in an interview with MetroNews Talkline.  At the time he said it, West Virginia was ranked 47th in the country for broadband access.  It now ranks even lower today — 53rd by the federal government’s national broadband map (the federal government also ranks U.S. territories and possessions.)  In fact, West Virginia is in dead last place among U.S. states.  Only Guam, American Samoa, and the U.S. Virgin Islands are worse.

This chart ranks the percentage of customers within a state receiving a minimum of 3Mbps download speeds and upload rates of at least 768kbps. (Source: National Broadband Speed Map/National Telecommunications and Information Administration and the Federal Communications Commission )

The Center for Public Integrity is slightly more generous.  It ranked West Virginia 46th in broadband subscriptions.

Even Ookla, which analyzes millions of speed tests, tanked West Virginia, noting the average download speed is among the lowest of all 50 states at just 8Mbps, and that number seems high because it includes the state’s largest cable operators — the providers that actually deliver substantial broadband speeds.

Frontier’s contribution to West Virginia’s broadband improvement effort is measurable and noteworthy, at least for rural residents who can’t get broadband service any other way.  But many customers living with Frontier sure wish they could.

The company is expanding slow speed DSL service (1-3Mbps) to an increasing number of rural homes, but it does not come cheap.  On a megabit by megabit basis, all of the state’s cable providers deliver better value — more speed for the buck, when examining the actual “out the door price” that includes taxes, modem rental fees, and surcharges.  Frontier charges all of the above.

While Frontier delivers an average speed of 2.41Mbps in West Virginia, Comcast delivers more than 13Mbps.  Among wired providers, Frontier remains in last place.  Ookla shows some minor improvements in broadband speed, perhaps attributable to the network upgrades Wilderotter wrote about, but every other wired provider in the state performs better than Frontier’s DSL.  Who did worse?  Sprint’s 3G/4G wireless network and Wildblue, a satellite Internet Service Provider.

Average download speed performance of ISPs within West Virginia. (Source: Ookla; Graph Period: October 2009 - April 2012)

Wilderotter:

Broadband connectivity throughout all of America can be the thread that unites us all and helps pull our nation up again. Over the past two years in West Virginia, Frontier has worked with the state to bring broadband to thousands of residents and businesses. We have invested in a fiber backbone infrastructure that connects cities, libraries, schools, hospitals and government service facilities. The network improvements and the access to broadband have moved West Virginia from the bottom five states in the country to the top five. Economic development has picked up, and entrepreneurship is alive and well. Frontier is focused on taking this model to the other rural areas we serve throughout the United States.

Frontier’s efforts to expand broadband in a state its predecessor Verizon underserved for years is admirable and the company has indeed expanded service to areas that never had access before.  But as broadband rankings illustrate, Frontier’s incremental efforts are being overshadowed by more dramatic service and technology improvements in other states — the primary reason West Virginia is actually ranking worse than ever.  Frontier is not fooling anyone promoting its institutional fiber broadband networks ordinary West Virginians cannot access from their homes or businesses.  Our own readers tell us the company has repeatedly missed deployment schedules, broken promises, reduced speeds, and suffers from a woefully oversold network that slows to an intolerable crawl during peak usage periods.

Getting West Virginia among the top-five broadband states will require:

  • Major investments in fiber optics into neighborhoods and homes.  All of the highest ranked states receive fiber to the home and/or fiber to the neighborhood service in larger cities, and faster DSL than what Frontier routinely sells West Virginians;
  • An upgrade of the state’s broadband backbone to better manage increasing Internet usage during peak usage periods;
  • Additional penetration of competing technologies into more rural areas.  Cable and fiber broadband deliver the fastest speeds, but most rural areas are bypassed.  Frontier will need to deploy faster and better service to dramatically improve the state’s broadband ranking.

A History Lesson: Wireless Spectrum “Crisis” Hoopla vs. Solid Network Engineering

Phillip Dampier April 18, 2012 AT&T, Audio, Bell (Canada), Broadband "Shortage", Competition, Consumer News, Editorial & Site News, History, Public Policy & Gov't, Rogers, Sprint, T-Mobile, Verizon, Video, Wireless Broadband Comments Off on A History Lesson: Wireless Spectrum “Crisis” Hoopla vs. Solid Network Engineering

“Somehow in the last 100 years, every time there is a problem of getting more spectrum, there is a technology that comes along that solves that problem. Every two and a half years, every spectrum crisis has gotten solved, and that’s going to keep happening. We already know today what the solutions are for the next 50 years.” — Martin Cooper, inventor of the portable cell phone

Despite the fear-mongering by North America’s wireless phone companies that a spectrum crisis is at hand — one that threatens the viability of wireless communications across the continent, some of the most prominent industry veterans dispute the public policy agenda of phone companies like AT&T, Verizon, Bell, and Rogers.

Martin Cooper ought to know.  He invented the portable cell phone, and remains involved in the wireless industry today.  Cooper shrugs off cries of spectrum shortages as a problem well-managed by technological innovation.  In fact, he’s credited for Cooper’s Law: The ability to transmit different radio communications at one time and in the same place has grown with the same pace since Guglielmo Marconi’s first transmissions in 1895. The number of such communications being theoretically possible has doubled every 30 months, from then, for 104 years.

National Public Radio looks back at the earliest car phones, which weighed 80 pounds and operated with vacuum tubes. Innovation, improved technology, and lower pricing turned an invention for the rich and powerful into a device more than 300,000,000 North Americans own and use today. (April 2012) (3 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

A traditional car phone from the 1960s.

The earliest cell phones have been around since the 1940s.  St. Louis was the first city in the United States to get Mobile Telephone Service (MTS).  It worked on three analog radio channels and required an operator to make calls on the customer’s behalf. By 1964, direct dialing from car phones became possible with Improved Mobile Telephone Service (IMTS), which also increased the number of radio channels available for calls.

In the 1970s, popular television shows frequently showed high-flyers and private detectives with traditional looking phones installed in their cars.  But the service was obscenely expensive.  The equipment set customers back $2-4,000 or was leased for around $120 a month.  Local calls ran $0.70-1.20 per minute.  That was when a nice home was priced at $27,000, a new car was under $4,000, gas was $0.55/gallon, and a first run movie ticket was priced at $1.75.

With many cities maintaining fewer than a dozen radio channels for the service, only a handful of customers could make or receive calls at a time.  The first “spectrum crisis” arrived by the late 1970s, when car phones became the status symbol of the rich and powerful (the middle class had pagers). Customers found they couldn’t make or receive calls because the frequencies were all tied up.  Some cities even rationed service by maintaining waiting lists, not allowing new customers to have the technology until an existing one dropped their account.

Instead of demanding deregulation and warning of wireless doomsday, the wireless industry innovated its way out of the era of MTS altogether, switching instead to a “cellular” approach developed in part by the Bell System.

[flv width=”412″ height=”330″]http://www.phillipdampier.com/video/ATT Testing the First Public Cell Phone Network.flv[/flv]

In the 1970s, when the first cell phone “spectrum crisis” erupted, the Bell System innovated its way out the the dilemma without running to Congress demanding sweeping deregulation.  This documentary, produced by the Bell System, explores AMPS — analog cell phone service, and how it transformed Chicago’s mobile telephone landscape back in 1979.  (9 minutes)

“Arguing that the nation could run out of spectrum is like saying it was going to run out of a color.” David P. Reed, one of the original architects of the Internet

Instead of one caller tying up a single IMTS radio frequency capable of reaching across an entire city, the Bell System deployed lower-powered transmitters in a series of hexagonal “cells.”  Each cell only served callers within a much smaller geographic area.  As a customer traveled between cells, the system would hand the call off to the next cell in turn and so on — all transparently to the caller.  Because of the reduced coverage area, cell towers in a city could operate on the same frequencies without creating interference problems, opening up the system to many more customers and more calls.

Inventor Martin Cooper holds one of the first portable mobile phones

In Chicago, Bell’s IMTS system only supported around a dozen callers at the same time. In 1977, the phone company built a test cellular network it dubbed “AMPS,” for Advanced Mobile Phone System.  AMPS technology was familiar to many early cell phone users.  It was more popularly known as “analog” service, and while it could still only handle one conversation at a time on each frequency, the system supported better call handling and many more users than earlier wireless phone technology.  By 1979, Bell had 1,300 customers using their test system in Chicago.

AMPS considerably eased the “spectrum crunch” earlier systems found challenging, and subsequent upgrades to digital technology dramatically increased the number of calls each tower could handle and allowed providers to slash pricing, which fueled the spectacular growth of the wireless marketplace.

Yesterday it was voice call congestion, today it is a “tidal wave” of wireless data.  But inventors like Cooper believe the solution is the same: engineering innovation.

“Somehow in the last 100 years, every time there is a problem of getting more spectrum, there is a technology that comes along that solves that problem,” Cooper told the New York Times. “Every two and a half years, every spectrum crisis has gotten solved, and that’s going to keep happening. We already know today what the solutions are for the next 50 years.”

Cooper believes in the cellular approach to wireless communications.  Dividing up today’s geographic cells into even smaller cells could vastly expand network capacity just like AMPS did for Windy City residents in the late 1970s. Using especially directional antennas focused on different service areas, placing new cell towers, innovating further with tiny neighborhood antennas mounted on telephone poles, or building out Wi-Fi networks can all manage the data capacity “crisis” says Cooper.

New technology also allows cell signals to co-exist, even on the same or adjacent frequencies, without creating interference problems. All it takes is a willingness to invest in the technology and deploy it across signal-congested urban areas.

Unfortunately, network engineers are not often responsible for the business decisions or public policy agendas of the nation’s largest wireless companies who are using the “spectrum crisis” to argue for increased deregulation and demanding additional radio spectrum which, in some cases, could be locked up by companies to make sure nobody else can use them.

[flv width=”600″ height=”358″]http://www.phillipdampier.com/video/NY Times Mobile Carriers Warn of Spectrum Crisis.flv[/flv]

The New York Times offers this easy-to-follow primer on wireless spectrum and why it matters (or not) in the current climate of explosive growth in mobile data traffic.  (3 minutes)

“Their primary interest is not necessarily in making spectrum available, or in making wireless performance better. They want to make money.” — David S. Isenberg, veteran researcher, AT&T Labs

Innovation, not wholesale deregulation, allowed the Bell System to solve the spectrum crisis of the 1970s by creating today's "cell system" that can re-use radio frequencies in adjacent areas to handle more wireless traffic.

Spectrum auctions bring billions to federal coffers, but actually deliver a hidden tax to cell phone customers who ultimately pay for the winning bids priced into their monthly bills.  It also makes it prohibitively expensive for a new player to enter the market.  Already facing enormous network construction costs, any new entrant would then face the crushing prospect of outbidding AT&T, Verizon Wireless, Bell or Rogers for the frequencies essential for operation.

As the New York Times writes:

When a company gets the license for a band of radio waves, it has the exclusive rights to use it. Once a company owns it, competitors can’t have it.

Mr. Reed said the carriers haven’t advocated for the newer technologies because they want to retain their monopolies.

Cooper advocates a new regulatory approach at the Federal Communications Commission — one that mandates wireless phone companies start using today’s technology to amplify their networks.

Cooper points to one example: the smart antenna.

Smart antennas direct cell towers to focus their transmission energy towards the specific devices connected to it.  If a customer was using their phone from the southern end of the cell tower’s coverage area, why direct signal energy to the north, where it gets wasted?  New LTE networks support smart antenna technology, but carriers have generally avoided investing in upgrading towers to support the new technology, expected to be commonplace inside new wireless devices within two years.

T-Mobile calls these technology solutions “Band-Aids” that won’t address the company’s demand for more frequencies to manage its network.  But that kind of thinking applied to the mobile phone world of the 1970s would have maintained the exorbitantly expensive IMTS technology discarded decades ago, since replaced by innovation that made more efficient use of the spectrum already on hand.  That innovation also transformed wireless phones from a tool (or toy) for the very wealthy to an affordable success story that now threatens the traditional wired phone network in ways the Bell System could have never envisioned.

[flv width=”412″ height=”330″]http://www.phillipdampier.com/video/Its a Whole New System.flv[/flv]

It’s A Whole New System: AT&T and other wireless phone companies might want to learn the lesson the Bell System was trying to teach their employees back in 1979: Meet Change With Change.  This company-produced video implores the phone company to do more than the same old thing.  No, this video is not “PM Magazine.”  It is about innovation and actually listening to what customers want. With apologies to Mama Cass Elliot, there was indeed a New World Coming — the breakup of the Bell System just five years later.  Don’t miss the diabetic-coma-inducing, sugary-sweet jingle at the end.  Then reach for a can of Tab.  (10 minutes)

Comcast Expands Internet Essentials Program, Relaxing Qualifications and Doubling Speed

Comcast’s national low-income Internet service, Internet Essentials, is getting an upgrade.

Out of more than 14 million Comcast broadband customers, fewer than 50,000 families managed to qualify and successfully obtain the $9.95/mo low-speed Internet service. On Tuesday, Comcast announced it was relaxing some of the program’s requirements to include more families and has also doubled the service’s speeds to 3Mbps for downloads and 768kbps for uploads.

Susan Jin Davis, vice president of Comcast’s Strategic Services explained the changes on the company’s blog:

[…] When we first started out, Internet Essentials was offered to families with children eligible to receive “free” school lunches under the National School Lunch Program (NSLP). Today, we have officially extended the program to include families with children eligible to receive “reduced” price lunches too. This change adds about 300,000 households in our service area who can now apply for the program — bringing our estimated total to about 2.3 million eligible families.

[…] Second, we doubled the speed of the broadband connection provided with Internet Essentials. It now comes with up to 3 Mbps downstream and up to 768 Kbps upstream, which makes the online experience even better than it was before. The increase is available now and we notified customers by email that the only thing they need to do is reboot their modems in order to immediately get the new speeds.

Third, as we announced in January, we have streamlined the application process by providing an instant approval process for all students attending schools with the highest percentage of NSLP participation, including Provision 2 schools.

Comcast’s Internet Essentials program was launched as part of an agreement with the Federal Communications Commission to win approval of the cable operator’s merger with NBC-Universal.  Comcast also committed to an expansion of its broadband service in rural areas.  The company says it expanded its service area by 199,876 additional homes in 33 rural communities.

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